Guatemala regula trasplante de órganos y crea ley de cáncer - Carrillo & Asociados

Guatemala Regulates Organ Transplantation and Creates Cancer Law

On March 25, the Law for the Disposition and Transplantation of Human Organs, Tissues, and Cells (Decree 5-2024) and the Law for Comprehensive Cancer Care (Decree 7-2024) were published in the official gazette.

The first consists of creating the Transplant Directorate within the Ministry of Public Health and Social Assistance (MSPAS), which will be in charge of executing the regulations established in the law and promoting organ and tissue donation. It will be advised by the National Transplant Council and the Technical Advisory Council with policy proposals and reforms in its operations.

Additionally, the law regulates the establishment of centers for transplant and/or explant of human organs, tissues and/or cells. These centers may be state-owned or private and will be supervised by the MSPAS. Likewise, it regulates the authorization and operation of human tissue and/or cell banks, which will oversee storing and preserving tissues for future medical operations.

Finally, it establishes the donation processes, informed consent, and conditions for living, deceased and foreign donors, and other specific circumstances. Practices such as the sale of organs or remuneration of donors, to mention a few, are prohibited. The ultimate goal of these processes and institutions is to facilitate tissue and organ donations to save lives in need.

On the other hand, the Law for Comprehensive Cancer Care aims to address this disease through new institutions and support programs. Under the leadership of the MSPAS, the National Directorate for Comprehensive Cancer Care was created to elaborate, develop, and implement policies, standards of care, guidelines, and protocols to meet its objectives.

The Directorate coordinates the National Cancer Council, which will provide technical-scientific advice; and the National Cancer Registry, to generate statistics, monitor and follow up on active cases.

To improve the care of people with cancer, the first specialized cancer hospital will be built with adequate facilities to treat the disease. The law also contemplates social protection programs for people, family members and caregivers affected economically and socially.

Both laws are already in force. If you have any questions, do not hesitate to contact us at info@carrillolaw.com

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